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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1157eng HB1157 Engrossed LRB9103256LDks 1 AN ACT to amend the Barber, Cosmetology, Esthetics, and 2 Nail Technology Act of 1985 by changing Sections 3-2, 3-4, 3 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Barber, Cosmetology, Esthetics, and Nail 7 Technology Act of 1985 is amended by changing Sections 3-2, 8 3-4, 3-6, 3A-2, 3A-3, 3A-5, 3C-3, and 3C-7 as follows: 9 (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2) 10 Sec. 3-2. Licensure; qualifications. A person is 11 qualified to receive a license as a cosmetologist who has 12 filed an application on forms provided by the Department, 13 pays the required fees, and: 14 a. Is at least l6 years of age; and 15 b. Has graduated from an eighth grade elementary school, 16 or its equivalent; and 17 c. Has graduated from a school of cosmetology approved 18 by the Department, having completed a programtotalof l500 19 hours in the study of cosmetology extending over a period of 20 not less than 8 months nor more than 7 consecutive years. A 21 school of cosmetology may, at its discretion, consistent with 22 the rules of the Department, accept up to 500 hours of barber 23 school training at a recognized barber school toward the l500 24 hour programcourserequirement of cosmetology. Time spent in 25 such study under the laws of another state or territory of 26 the United States or of a foreign country or province shall 27 be credited toward the period of study required by the 28 provisions of this paragraph; and 29 d. Has passed an examination authorized by the 30 Department to determine fitness to receive a license as a 31 cosmetologist. The requirements for remedial training set HB1157 Engrossed -2- LRB9103256LDks 1 forth in Section 3-6 of this Act may be waived in whole or in 2 part by the Department upon proof to the Department that the 3 applicant has demonstrated competence to again sit for the 4 examination. The Department shall promulgate rules 5 establishing the standards by which such determination shall 6 be made; and 7 e. Has met any other requirements of this Act. 8 (Source: P.A. 89-387, eff. 1-1-96.) 9 (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4) 10 Sec. 3-4. Licensure as cosmetology teacher or cosmetology 11 clinic teacher; qualifications. 12 (a) A person is qualified to receive license as a 13 cosmetology teacher if that person has applied in writing on 14 forms provided by the Department, has paid the required fees, 15 and: 16 (1) is at least 18 years of age; 17 (2) has graduated from high school or its 18 equivalent; 19 (3) has a current license as a cosmetologist; 20 (4) has either: (i) completed a program of 500 21 hours of teacher training in a licensed school of 22 cosmetology and had 2 years of practical experience as a 23 licensed cosmetologist within 5 years preceding the 24 examination; or (ii) completed a program of 1,000100025 hours of teacher training in a licensed school of 26 cosmetology;and27 (5) has passed an examination authorized by the 28 Department to determine fitness to receive a license as a 29 cosmetology teacher; and 30 (6) has met any other requirements of this Act. 31 A cosmetology teacher who teaches esthetics, in order to 32 be licensed, shall demonstrate, to the satisfaction of the 33 Department, current skills in the use of machines used in the HB1157 Engrossed -3- LRB9103256LDks 1 practice of esthetics. 2 An individual who receives a license as a cosmetology 3 teacher shall not be required to maintain an active 4 cosmetology license in order to practice cosmetology as 5 defined in this Act. 6 (b) A person is qualified to receive a license as a 7 cosmetology clinic teacher if he or she has applied in 8 writing on forms provided by the Department, has paid the 9 required fees, and: 10 (1) is at least 18 years of age; 11 (2) has graduated from high school or its 12 equivalent; 13 (3) has a current license as a cosmetologist; 14 (4) has completed a program of 250 hours of clinic 15 teacher training in a licensed school of cosmetology and 16 has 2 years of practical experience as a licensed 17 cosmetologist within 5 years preceding the examination; 18 (5) has passed an examination authorized by the 19 Department to determine fitness to receive a license as a 20 cosmetology teacher; and 21 (6) has met any other requirements of this Act. 22 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; 23 revised 10-31-98.) 24 (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6) 25 Sec. 3-6. Examination. The Department shall authorize 26 examinations of applicants for licensure as cosmetologists, 27 teachers of cosmetology at the times and places it may 28 determine. If an applicant for licensure as a cosmetologist 29 fails to pass 3 examinations conducted by the Department, the 30 applicant shall, before taking a subsequent examination, 31 furnish evidence of not less than 250 hours of additional 32 study of cosmetology in an approved school of cosmetology 33 since the applicant last took the examination. If an HB1157 Engrossed -4- LRB9103256LDks 1 applicant for licensure as a cosmetology teacher fails to 2 pass 3 examinations conducted by the Department, the 3 applicant shall, before taking a subsequent examination, 4 furnish evidence of not less than 80 hours of additional 5 study in teaching methodology and educational psychology in 6 an approved school of cosmetology since the applicant last 7 took the examination. An applicant who fails to pass the 8 fourth examination shall not again be admitted to an 9 examination unless: (i) in the case of an applicant for 10 licensure as a cosmetologist, the applicant again takes and 11 completes a programtotalof 1500 hours in the study of 12 cosmetology in an approved school of cosmetology extending 13 over a period that commences after the applicant fails to 14 pass the fourth examination and that is not less than 8 15 months nor more than 7 consecutive years in duration; (ii) in 16 the case of an applicant for licensure as a cosmetology 17 teacher, the applicant again takes and completes a program 18totalof 1000 hours of teacher training in an approved school 19 of cosmetology, except that if the applicant had 2 years of 20 practical experience as a licensed cosmetologist within the 5 21 years preceding the initial examination taken by the 22 applicant, the applicant must again take and complete a 23 program of 500 hours of teacher training in an approved 24 school of cosmetology, esthetics, or nail technology; or 25 (iii) in the case of an applicant for licensure as a 26 cosmetology clinic teacher, the applicant again takes and 27 completes a programtotalof 250 hours of clinic teacher 28 training in a licensed school of cosmetology. Each 29 cosmetology applicant shall be given a written examination 30 testing both theoretical and practical knowledge, which shall 31 include, but not be limited to, questions that determine the 32 applicant's knowledge of product chemistry, sanitary rules, 33 sanitary procedures, chemical service procedures, hazardous 34 chemicals and exposure minimization, knowledge of the anatomy HB1157 Engrossed -5- LRB9103256LDks 1 of the skin, scalp, and hair as they relate to applicable 2 services under this Act and labor and compensation laws. 3 The examination of applicants for licensure as a 4 cosmetology, esthetics, or nail technology teacher may 5 include all of the elements of the exam for licensure as a 6 cosmetologist, esthetician, or nail technician and also 7 include teaching methodology, classroom management, record 8 keeping, and any other related subjects that the Department 9 in its discretion may deem necessary to insure competent 10 performance. 11 This Act does not prohibit the practice of cosmetology by 12 one who has applied in writing to the Department, in form and 13 substance satisfactory to the Department, for a license as a 14 cosmetologist, or the teaching of cosmetology by one who has 15 applied in writing to the Department, in form and substance 16 satisfactory to the Department, for a license as a 17 cosmetology teacher or cosmetology clinic teacher, if the 18 person has complied with all the provisions of this Act in 19 order to qualify for a license, except the passing of an 20 examination to be eligible to receive a license, until: (a) 21 the expiration of 6 months after the filing of the written 22 application, (b) the decision of the Department that the 23 applicant has failed to pass an examination within 6 months 24 or failed without an approved excuse to take an examination 25 conducted within 6 months by the Department, or (c) the 26 withdrawal of the application. 27 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 28 (225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2) 29 Sec. 3A-2. Licensure as an esthetician; qualifications. 30 A person is qualified to receive a license as a licensed 31 esthetician if that person has applied in writing on forms 32 provided by the Department, paid any required fees, and: 33 a. Is at least 16 years of age; and HB1157 Engrossed -6- LRB9103256LDks 1 b. Has a certificate of graduation from a school 2 providing secondary education, or the recognized equivalent 3 of such a certificate, or persons who are beyond the age of 4 compulsory school attendance; and 5 c. Has graduated from a school of cosmetology or 6 esthetics approved by the Department, having completed a 7 programtotalof 750 hours in the study of esthetics 8 extending over a period of not less than 18 weeks nor more 9 than 4 consecutive years. Time spent in such study under the 10 laws of another state or territory of the United States or of 11 a foreign country or province shall be credited toward the 12 period of study required by the provisions of this paragraph; 13 and 14 d. Has passed an examination authorized by the 15 Department to determine fitness to receive a license as a 16 licensed esthetician; and 17 e. Has met any other requirements of this Act and rules. 18 (Source: P.A. 89-387, eff. 1-1-96.) 19 (225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3) 20 Sec. 3A-3. Licensure as an esthetics teacher; 21 qualifications. 22 (a) A person is qualified to receive a license as an 23 esthetics teacher if that person has applied in writing on 24 forms supplied by the Department, paid the required fees, 25 and: 26 (1) is at least 18 years of age; 27 (2) has graduated from high school or its 28 equivalent; 29 (3) has a current license as a licensed 30 cosmetologist or esthetician; 31 (4) has either: (i) completed a program of 500 32 hours of teacher training in a licensed school of 33 cosmetology or a licensed esthetics school and had 2 HB1157 Engrossed -7- LRB9103256LDks 1 years of practical experience as a licensed cosmetologist 2 or esthetician within 5 years preceding the examination; 3 or (ii) completed a program of 750 hours of teacher 4 training in a licensed school of cosmetology approved by 5 the Department to teach esthetics or a licensed esthetics 6 school; 7 (5) has passed an examination authorized by the 8 Department to determine fitness to receive a license as a 9 licensed cosmetology or esthetics teacher; 10 (6) demonstrates, to the satisfaction of the 11 Department, current skills in the use of machines used in 12 the practice of esthetics; and 13 (7) has met any other requirements as required by 14 this Act. 15 (b) A person is qualified to receive a license as an 16 esthetics clinic teacher if that person has applied in 17 writing on forms supplied by the Department, paid the 18 required fees, and: 19 (1) is at least 18 years of age; 20 (2) has graduated from high school or its 21 equivalent; 22 (3) has a current license as a licensed 23 cosmetologist or esthetician; 24 (4) has completed a program of 250 hours of clinic 25 teacher training in a licensed school of cosmetology 26 approved by the Department to teach esthetics or a 27 licensed esthetics school and had 2 years of practical 28 experience as a licensed cosmetologist or esthetician 29 within 5 years preceding the examination; 30 (5) has passed an examination authorized by the 31 Department to determine fitness to receive a license as a 32 licensed cosmetology teacher or licensed esthetics 33 teacher; 34 (6) demonstrates, to the satisfaction of the HB1157 Engrossed -8- LRB9103256LDks 1 Department, current skills in the use of machines used in 2 the practice of esthetics; and 3 (7) has met any other requirements required by this 4 Act. 5 (c) An applicant who is issued a license as an esthetics 6 teacher or esthetics clinic teacher is not required to 7 maintain an esthetics license in order to practice as an 8 esthetician as defined in this Act. 9 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 10 (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5) 11 Sec. 3A-5. Examination. 12 (a) The Department shall authorize examinations of 13 applicants for a licenselicensesas an esthetician or 14 teacherestheticians, teachersof esthetics at such times and 15 places as it may determine. The Department shall authorize 16 no fewernot lessthan 4 examinations for a license as an 17 esthetician or a teacher ofestheticians,estheticsteachers18 in a calendar year. 19 If an applicant neglects, fails without an approved 20 excuse, or refuses to take the next available examination 21 offered for licensure under this Act, the fee paid by the 22 applicant shall be forfeited to the Department and the 23 application denied. If an applicant fails to pass an 24 examination for licensure under this Act within 3 years after 25 filing his or her application, the application shall be 26 denied. However, such applicant may thereafter make a new 27 application for examination, accompanied by the required fee, 28 if he or she meets the requirements in effect at the time of 29 reapplication. If an applicant for licensure as an 30 esthetician is unsuccessful at 3 examinations conducted by 31 the Department, the applicant shall, before taking a 32 subsequent examination, furnish evidence of not less than 125 33 hours of additional study of esthetics in an approved school HB1157 Engrossed -9- LRB9103256LDks 1 of cosmetology or esthetics since the applicant last took the 2 examination. If an applicant for licensure as an esthetics 3 teacher or esthetics clinic teacher is unsuccessful at 3 4 examinations conducted by the Department, the applicant 5 shall, before taking a subsequent examination, furnish 6 evidence of not less than 80 hours of additional study in 7 teaching methodology and educational psychology in a licensed 8 school of cosmetology or esthetics since the applicant last 9 took the examination. An applicant who fails to pass a 10 fourth examination shall not again be admitted to an 11 examination unless (i) in the case of an applicant for 12 licensure as an esthetician, the applicant shall again take 13 and complete a programtotalof 750 hours in the study of 14 esthetics in a licensed school of cosmetology approved to 15 teach esthetics or a school of esthetics, extending over a 16 period that commences after the applicant fails to pass the 17 fourth examination and that is not less than 18 weeks nor 18 more than 4 consecutive years in duration; (ii) in the case 19 of an applicant for a license as an esthetics teacher, the 20 applicant shall again take and complete a programtotalof 21 750 hours of teacher training in a school of cosmetology 22 approved to teach esthetics or a school of esthetics, except 23 that if the applicant had 2 years of practical experience as 24 a licensed cosmetologist or esthetician within 5 years 25 preceding the initial examination taken by the applicant, the 26 applicant must again take and complete a program of 500 hours 27 of teacher training in licensed cosmetology or a licensed 28 esthetics school; or (iii) in the case of an applicant for a 29 license as an esthetics clinic teacher, the applicant shall 30 again take and complete a programtotalof 250 hours of 31 clinic teacher training in a licensed school of cosmetology 32 or a licensed school of esthetics. 33 (b) Each applicant shall be given a written examination 34 testing both theoretical and practical knowledge which shall HB1157 Engrossed -10- LRB9103256LDks 1 include, but not be limited to, questions that determine the 2 applicant's knowledge of: 3 (1) product chemistry; 4 (2) sanitary rules and regulations; 5 (3) sanitary procedures; 6 (4) chemical service procedures; 7 (5) knowledge of the anatomy of the skin, as it 8 relates to applicable services under this Act; 9 (6) the provisions and requirements of this Act; 10 and 11 (7) labor and compensation laws. 12 (c) The examination of applicants for licensure as an 13 esthetics teacher may include all of the above and may also 14 include: 15 (1) teaching methodology; 16 (2) classroom management; and 17 (3) record keeping and any other subjects that the 18 Department may deem necessary to insure competent 19 performance. 20 (d) This Act does not prohibit the practice of esthetics 21 by one who has applied in writing to the Department, in form 22 and substance satisfactory to the Department, for a license 23 as an esthetician, an esthetics teacher, or an esthetics 24 clinic teacher and has complied with all the provisions of 25 this Act in order to qualify for a license, except the 26 passing of an examination to be eligible to receive such 27 license certificate, until: (i) the expiration of 6 months 28 after the filing of such written application, or (ii) the 29 decision of the Department that the applicant has failed to 30 pass an examination within 6 months or failed without an 31 approved excuse to take an examination conducted within 6 32 months by the Department, or (iii) the withdrawal of the 33 application. 34 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; HB1157 Engrossed -11- LRB9103256LDks 1 revised 2-24-98.) 2 (225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3) 3 Sec. 3C-3. Licensure as a nail technology teacher or 4 nail technology clinic teacher; qualifications. 5 (a) A person is qualified to receive a license as a nail 6 technology teacher if that person has filed an application on 7 forms provided by the Department, paid the required fee, and: 8 (1) is at least 18 years of age; 9 (2) has graduated from high school or its 10 equivalent; 11 (3) has a current license as a cosmetologist or 12 nail technician; 13 (4) has either: (1) completed a program of 500 14 hours of teacher training in a licensed school of nail 15 technology or cosmetology, and had 2 years of practical 16 experience as a nail technician; or (2) has completed a 17 program of 625 hours of teacher training in a licensed 18 school of cosmetology approved to teach nail technology 19 or school of nail technology; and 20 (5) who has passed an examination authorized by the 21 Department to determine fitness to receive a license as a 22 cosmetology or nail technology teacher. 23 (b) A person is qualified to receive a license as a nail 24 technology clinic teacher if that person has applied in 25 writing on forms supplied by the Department, paid the 26 required fees, and: 27 (1) is at least 18 years of age; 28 (2) has graduated from high school or its 29 equivalent; 30 (3) has a current license as a licensed 31 cosmetologist or nail technician; 32 (4) has completed a program of 250 hours of clinic 33 teacher training in a licensed school of cosmetology or a HB1157 Engrossed -12- LRB9103256LDks 1 licensed nail technology school and had 2 years of 2 practical experience as a licensed cosmetologist or nail 3 technician within 5 years preceding the examination; 4 (5) has passed an examination authorized by the 5 Department to determine fitness to receive a license as a 6 licensed cosmetology teacher or licensed nail technology 7 teacher; 8 (6) demonstrates, to the satisfaction of the 9 Department, current skills in the use of machines used in 10 the practice of nail technology; and 11 (7) has met any other requirements required by this 12 Act. 13 (c) An applicant who receives a license as a nail 14 technology teacher or nail technology clinic teacher shall 15 not be required to maintain a license as a nail technician. 16 (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.) 17 (225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7) 18 Sec. 3C-7. Examinations; failure or refusal to take 19 examination. The Department shall authorize examinations of 20 applicants for licenses as nail technicians and teachers of 21 nail technology at the times and places as it may determine. 22 The Department shall authorize not less than 4 23 examinations for licenses as nail technicians, and nail 24 technology teachers in a calendar year. 25 If an applicant neglects, fails without an approved 26 excuse, or refuses to take the next available examination 27 offered for licensure under this Act, the fee paid by the 28 applicant shall be forfeited to the Department and the 29 application denied. If an applicant fails to pass an 30 examination for licensure under this Act within 3 years after 31 filing an application, the application shall be denied. 32 Nevertheless, the applicant may thereafter make a new 33 application for examination, accompanied by the required fee, HB1157 Engrossed -13- LRB9103256LDks 1 if he or she meets the requirements in effect at the time of 2 reapplication. If an applicant for licensure as a nail 3 technician, nail technology teacher, or nail technology 4 clinic teacher is unsuccessful at 3 examinations conducted by 5 the Department, the applicant shall, before taking a 6 subsequent examination, furnish evidence of successfully 7 completing (i) for a nail technician, not less than 60 hours 8 of additional study of nail technology in a licensed school 9 of cosmetology approved to teach nail technology or nail 10 technology and (ii) for a nail technology teacher or nail 11 technology clinic teacher, not less than 80 hours of 12 additional study in teaching methodology and educational 13 psychology in an approved school of cosmetology or nail 14 technology since the applicant last took the examination. 15 An applicant who fails the fourth examination shall not 16 again be admitted to an examination unless: (i) in the case 17 of an applicant for a license as a nail technician, the 18 applicant again takes and completes a total of 350 hours in 19 the study of nail technology in an approved school of 20 cosmetology or nail technology extending over a period that 21 commences after the applicant fails to pass the fourth 22 examination and that is not less than 8 weeks nor more than 2 23 consecutive years in duration; or (ii) in the case of an 24 applicant for licensure as a nail technology teacher, the 25 applicant again takes and completes a programtotalof 625 26 hours of teacher training in an approved school of 27 cosmetology, or nail technology, except that if the applicant 28 had 2 years of practical experience as a licensed nail 29 technician within 5 years preceding the initial examination 30 taken by the applicant, the applicant must again take and 31 complete a program of 500 hours of teacher training in a 32 licensed school of cosmetology approved to teach nail 33 technology, or a licensed school of nail technology or a 34 program of 250 hours of clinic teacher training in a licensed HB1157 Engrossed -14- LRB9103256LDks 1 school of cosmetology. 2 Each applicant for licensure as a nail technician shall 3 be given a written examination testing both theoretical and 4 practical knowledge, which shall include, but not be limited 5 to, questions that determine the applicant's knowledge of 6 product chemistry, sanitary rules, sanitary procedures, 7 hazardous chemicals and exposure minimization, this Act, and 8 labor and compensation laws. 9 The examination for licensure as a nail technology 10 teacher or nail technology clinic teacher may include 11 knowledge of the subject matter, teaching methodology, 12 classroom management, record keeping, and any other subjects 13 that the Department in its discretion may deem necessary to 14 insure competent performance. 15 This Act does not prohibit the practice of nail 16 technology by a person who has applied in writing to the 17 Department, in form and substance satisfactory to the 18 Department, for a license as a nail technician, or the 19 teaching of nail technology by one who has applied in writing 20 to the Department, in form and substance satisfactory to the 21 Department, for a license as a nail technology teacher or 22 nail technology clinic teacher, if the person has complied 23 with all the provisions of this Act in order to qualify for a 24 license, except the passing of an examination to be eligible 25 to receive a license, until: (a) the expiration of 6 months 26 after the filing of the written application, or (b) the 27 decision of the Department that the applicant has failed to 28 pass an examination within 6 months or failed without an 29 approved excuse to take an examination conducted within 6 30 months by the Department, or (c) the withdrawal of the 31 application. 32 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; 33 90-302, eff. 8-1-97.)